Arbitration clause. Arbitration Commission attached to CNSAS. The incompetence of the court

DREPTUL CONTENCIOSULUI ADMINISTRATIV ŞI FISCAL

Abstract

The ability of the control report drawn up by the Health Insurance House to produce legal effects and the legal nature are analysed according to its specific content and the required measures. The relations between the medical service providers and the insurance companies are of a civil nature, they represent multi-annual actions and they are established and carried out on a contract basis. As they are civil relations, any action with claims, arising out of the total or partial observance of the contractual clauses, must be referred to the procedural rules regulated by the provisions of the Civil Procedure Code. The arbitration agreement produces effects of both contractual and procedural nature, with reference to the applicant's obligation to address the arbitration in order to resolve the dispute arising between the parties, as well as to remove the jurisdiction of the courts to resolve the disputes contemplated by the convention of arbitration. The main consequence consists in removing the jurisdiction of the court which, in the absence of the arbitration clause, would have been competent to settle the dispute between the parties